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Colorado Statutes, Title 10

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Colorado/Statutes

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Title 10, Insurance

0 chapters · 1,275 sections in this title.

All chapters in Title 101,275 Ch 16287 Ch 3271 Ch 4209 Ch 7100 Ch 271 Ch 169 Ch 1442 Ch 1128 Ch 1525 Ch 524 Ch 1223 Ch 620 Ch 1920 Ch 2020

271 sections·Filtered byTitle 10✕Ch 3✕

Colo. Rev. Stat. § 10-3-1001 Short title
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This part 10 shall be known and may be cited as the "Unauthorized Insurers Process Act". Source: L. 55: p. 478, § 6. CRS 53: § 72-19-5. C.R.S. 1963: § 72-18-5.
Colo. Rev. Stat. § 10-3-1002 Legislative declaration
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The purpose of this part 10 is to subject certain insurers to the jurisdiction of courts of this state in suits by or on behalf of insureds or beneficiaries under insurance contracts. The general assembly declares that it is a subject of concern that many residents of this state …
Colo. Rev. Stat. § 10-3-1003 Service of process upon unauthorized insurer
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(1) Any of the following acts in this state, effected by mail or otherwise, by an unauthorized foreign or alien insurer: The issuance or delivery of contracts of insurance to residents of this state or to corporations authorized to do business therein; the solicitation of applica…
Colo. Rev. Stat. § 10-3-1004 Defense of action by unauthorized insurer
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(1) Before any unauthorized foreign or alien insurer files or causes to be filed any pleading in any action, suit, or proceeding instituted against it, the unauthorized insurer shall either deposit cash or securities with the clerk of the court in which such action, suit, or proc…

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Colo. Rev. Stat. § 10-3-1005 Attorney fees

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In any action against an unauthorized foreign or alien insurer upon a contract of insurance issued or delivered in this state to a resident thereof or to a corporation authorized to do business therein, if the insurer has failed for thirty days after demand prior to the commencem…

Colo. Rev. Stat. § 10-3-101 Formation of insurance companies

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(1) Whenever any number of persons associate to form an insurance company for any of the purposes named in section 10-3-102, they shall submit articles of incorporation to the commissioner and attorney general for examination. After being approved by the commissioner and the atto…

Colo. Rev. Stat. § 10-3-102 Purpose of organization or admittance

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(1) Any domestic insurance company having the required amount of capital or guaranty fund and surplus, when permitted by its articles of incorporation or charter, may be authorized and licensed by the commissioner to make insurance under one of the following paragraphs: (a) To ma…

Colo. Rev. Stat. § 10-3-103 Names of companies

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No domestic insurance company shall adopt the name of any existing company transacting a similar business nor any name so similar as to be calculated to mislead the public, but any domestic mutual or mutual assessment insurance company, upon complying with the terms and condition…

Colo. Rev. Stat. § 10-3-104 Unauthorized companies - penalties

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Except for reinsurance by an authorized insurer or insurance effected pursuant to the provisions of article 5 or article 15 of this title 10, it is unlawful for any person, company, or corporation in this state to procure, receive, or forward applications for insurance in, or to …

Colo. Rev. Stat. § 10-3-105 Certificate of authority to do business - companies prohibited - definitions

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(1) Except pursuant to the provisions of article 5 of this title, no foreign or domestic insurance company shall transact any insurance business in this state, unless it first procures from the commissioner a certificate of authority stating that the requirements of the laws of t…

Colo. Rev. Stat. § 10-3-106 Deemed incorporated under corporation law

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All insurance companies having capital stock, incorporated under the laws of this state, are deemed to be incorporated under the general corporation laws of this state; but, excepting any provision of existing insurance laws which may purport to prescribe the law under which insu…

Colo. Rev. Stat. § 10-3-107 Appointment of registered agent to receive service of process - commissioner required to maintain list - when service of process may be made on commissioner

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(1) (a) An insurance company shall not engage in the business of insurance in this state unless it has filed with the commissioner the name of a registered agent in this state designated to receive service of process. (b) The commissioner shall maintain a list of registered agent…

Colo. Rev. Stat. § 10-3-108 File duly certified copy of charter

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Except pursuant to the provisions of article 5 of this title, no foreign insurance company shall transact any business in this state unless it first files in the office of the commissioner a duly certified copy of its charter, articles of incorporation, or deed of settlement, tog…

Colo. Rev. Stat. § 10-3-109 Reports, statements, assessments, and maintenance of records - publication - penalties for late filing, late payment, or failure to maintain

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(1) Every insurance company doing business in this state, on or before the first day of March in each year, shall submit to the commissioner a report, signed and certified by its chief officers, of its condition on the preceding thirty-first day of December, which shall include a…

Colo. Rev. Stat. § 10-3-1101 Legislative declaration

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(1) The purpose of this part 11 is to regulate trade practices in the business of insurance by defining, or providing for the determination of, all such practices in this state that constitute unfair methods of competition or unfair or deceptive acts or practices, and by prohibit…

Colo. Rev. Stat. § 10-3-1102 Definitions

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As used in this part 11, unless the context otherwise requires: (1) "Commissioner" means the commissioner of insurance. (2) "Insurance policy" or "insurance contract" means any contract of insurance, indemnity, medical or hospital service, suretyship, or annuity issued, proposed …

Colo. Rev. Stat. § 10-3-1103 Unfair methods of competition - unfair or deceptive acts or practices - prohibited

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No person shall engage in this state in any trade practice which is defined in this part 11 as, or determined pursuant to section 10-3-1107 to be, an unfair method of competition or an unfair or deceptive act or practice in the business of insurance. Source: L. 73: R&RE, p. 858, …

Colo. Rev. Stat. § 10-3-1104 Unfair methods of competition - unfair or deceptive practices - rules - definitions

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(1) The following are defined as unfair methods of competition and unfair or deceptive acts or practices in the business of insurance: (a) Misrepresentations and false advertising of insurance policies: Making, issuing, circulating, or causing to be made, issued, or circulated, a…

Colo. Rev. Stat. § 10-3-1104.5 HIV testing - legislative declaration - definitions - requirements for testing - limitations on disclosure of test results - penalty

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(1) The general assembly declares that a balance must be maintained between the need for information by those conducting the business of insurance and the public's need for fairness in practices for testing for the human immunodeficiency virus, including the need to minimize intr…

Colo. Rev. Stat. § 10-3-1104.6 Genetic information - limitations on disclosure of information - liability - definitions - legislative declaration

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(1) The general assembly hereby finds and determines that recent advances in genetic science have led to improvements in the diagnosis, treatment, and understanding of a significant number of human diseases. The general assembly further declares that: (a) Genetic information is t…

Colo. Rev. Stat. § 10-3-1104.7 Genetic testing - legislative declaration - definitions - limitations on disclosure of information - liability

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(1) The general assembly hereby finds and determines that recent advances in genetic science have led to improvements in the diagnosis, treatment, and understanding of a significant number of human diseases. The general assembly further declares that: (a) Genetic information is t…

Colo. Rev. Stat. § 10-3-1104.8 Domestic abuse discrimination - prohibited

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(1) As used in this section, unless the context otherwise requires: (a) "Domestic abuse" means the occurrence of one or more of the following acts between family members, current or former household members, or persons who are or have been involved in an intimate relationship: (I…

Colo. Rev. Stat. § 10-3-1104.9 Insurers' use of external consumer data and information sources, algorithms, and predictive models - unfair discrimination prohibited - rules - stakeholder process required - investigations - definitions

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(1) In addition to the methods and practices prohibited pursuant to section 10-3-1104 (1)(f), an insurer shall not, with regard to any insurance practice: (a) Unfairly discriminate based on race, color, national or ethnic origin, religion, sex, sexual orientation, disability, gen…

Colo. Rev. Stat. § 10-3-1105 Favored agent or insurer - coercion of debtors

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(1) No person may: (a) Require, as a condition precedent to the lending of money, or extension of credit, or to entering into any lease transaction, or any renewal of any of them, that the person to whom such money or credit is extended, or the lessee, or the person whose obligat…

Colo. Rev. Stat. § 10-3-1106 Power of commissioner

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The commissioner shall have power to examine and investigate into the affairs of every person engaged in the business of insurance in this state in order to determine whether such person has been or is engaged in any unfair method of competition or in any unfair or deceptive act …

Colo. Rev. Stat. § 10-3-1107 Hearings

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Whenever the commissioner has reason to believe that any person has been engaged or is engaging in this state in any unfair method of competition or any unfair or deceptive act or practice, whether defined or reasonably implied in this part 11, or has violated any other provision…

Colo. Rev. Stat. § 10-3-1108 Orders

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(1) If, after a hearing conducted under section 10-3-1107, the commissioner determines that the person charged has engaged in an unfair method of competition or an unfair or deceptive act or practice or has violated any other provision of this title or any rule or lawful order of…

Colo. Rev. Stat. § 10-3-1109 Penalty for violation of cease-and-desist orders

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(1) Any person who violates a cease-and-desist order of the commissioner issued under section 10-3-1108, and while such order is in effect, may, after notice and hearing and upon order of the commissioner, be subject, at the discretion of the commissioner, to any one or more of t…

Colo. Rev. Stat. § 10-3-111 Violations - penalty

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Except for violations of section 10-3-104 or article 15 of this title 10, any officer, director, stockholder, attorney, or agent of any corporation or association who violates any of the provisions of this title 10 and article 14 of title 24, who participates in or aids, abets, o…

Colo. Rev. Stat. § 10-3-1110 Rules

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(1) The commissioner may, after notice and hearing, as provided in article 4 of title 24, C.R.S., promulgate reasonable rules and regulations as are necessary or proper to identify specific methods of competition or acts or practices which are prohibited by sections 10-3-1104 and…

Colo. Rev. Stat. § 10-3-1111 Provisions of part 11 additional to existing law

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The powers vested in the commissioner by this part 11 shall be additional to any other powers to enforce any monetary or other penalties or forfeitures authorized by law with respect to the methods, acts, and practices declared in this part 11 to be unfair or deceptive. Source: L…

Colo. Rev. Stat. § 10-3-1112 Immunity from prosecution

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(1) If any person asks to be excused from attending and testifying or from producing any books, papers, records, correspondence, or other documents at any hearing on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to a penalty …

Colo. Rev. Stat. § 10-3-1113 Information to trier of fact in civil actions

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(1) In any civil action for damages founded upon contract, or tort, or both against an insurance company, the trier of fact may be instructed that the insurer owes its insured the duty of good faith and fair dealing, which duty is breached if the insurer delays or denies payment …

Colo. Rev. Stat. § 10-3-1114 Construction of part 11

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Except as provided in sections 10-3-1115 and 10-3-1116, nothing in this part 11 shall be construed to create a private cause of action based on alleged violations of this part 11 or to abrogate any common law contract or tort cause of action. Source: L. 87: Entire section added, …

Colo. Rev. Stat. § 10-3-1115 Improper denial of claims - prohibited - definitions - severability

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(1) (a) A person engaged in the business of insurance shall not unreasonably delay or deny payment of a claim for benefits owed to or on behalf of any first-party claimant. (b) For the purposes of this section and section 10-3-1116: (I) "First-party claimant" means an individual,…

Colo. Rev. Stat. § 10-3-1116 Remedies for unreasonable delay or denial of benefits - required contract provision - frivolous actions - severability - definition - rules

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(1) A first-party claimant as defined in section 10-3-1115 whose claim for payment of benefits has been unreasonably delayed or denied may bring an action in a district court to recover reasonable attorney fees and court costs and two times the covered benefit. (2) An insurance p…

Colo. Rev. Stat. § 10-3-1117 Required disclosures - liability - definition

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(1) Not more than thirty calendar days after receiving a written request from an insured party, an insurer that issues a commercial automobile or personal automobile policy of insurance for delivery in this state shall provide to the insured party a copy of the complete policy of…

Colo. Rev. Stat. § 10-3-1118 Failure-to-cooperate defense

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(1) To plead or prove a failure-to-cooperate defense in an action concerning an insurance policy providing first-party benefits or coverage, each of the following conditions must be met before the defense is asserted in a court of law or an arbitration: (a) The insurer has submit…

Colo. Rev. Stat. § 10-3-112 Directors - terms - election - conflicts of interest - recovery of profits

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(1) (a) The business of insurance companies incorporated under the laws of this state shall be managed by a board of directors consisting of such number of directors, not less than three, as may be prescribed by the articles of incorporation or bylaws, and said directors shall ho…

Colo. Rev. Stat. § 10-3-113 Increase of capital

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(1) Any such corporation organized and duly licensed by the commissioner to conduct an insurance business may sell additional stock or increase its capital for the purpose, in the manner, and to the extent prescribed by law, but the expense incurred in connection with such sale s…

Colo. Rev. Stat. § 10-3-114 Violations - penalty

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Any officer, director, clerk, employee, or agent of any such company who receives or pays out, or orders the payment of, any money, or incurs any obligation for the payment of money, in violation of the terms of section 10-3-113 commits a class 2 misdemeanor. Source: L. 13: p. 34…

Colo. Rev. Stat. § 10-3-117 License automatically extended - when

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When the annual statement of an insurance company licensed to do business in this state has been filed and the company's check or cash for the amount of all fees and taxes required has been tendered, the company's license to do business in this state shall be automatically extend…

Colo. Rev. Stat. § 10-3-120 Investments of officers, directors, and principal stockholders

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(1) (a) Every person who is directly or indirectly the beneficial owner of more than ten percent of any class of equity security of a domestic stock insurance company or who is a director or an officer of such company shall file in the office of the commissioner within ten days a…

Colo. Rev. Stat. § 10-3-1201 Legislative declaration

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The purpose of section 10-3-210 (2) and this part 12 is to authorize domestic insurance companies to utilize modern systems for holding and transferring securities without physical delivery of securities certificates, subject to appropriate regulations of the commissioner. Source…

Colo. Rev. Stat. § 10-3-1202 Definitions

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As used in this part 12, unless the context otherwise requires: (1) "Clearing corporation" has the meaning ascribed to it in section 4-8-102 (a)(5), C.R.S.; except that, with respect to a security issued by an institution organized or existing under the laws of any foreign countr…

Colo. Rev. Stat. § 10-3-1203 Book-entry system

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(1) Notwithstanding any provision of law, a domestic insurance company may deposit or arrange for the deposit of securities held in or purchased for its general account and its separate accounts in a clearing corporation or the federal reserve book-entry system. When securities a…

Colo. Rev. Stat. § 10-3-121 Regulation of proxies, consents, or authorizations

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(1) The purpose of this section is to regulate the solicitation of proxies, consents, or authorizations by domestic stock insurers having one hundred or more stockholders of record in accordance with the intent of congress as expressed in the "Securities Acts Amendments of 1964",…

Colo. Rev. Stat. § 10-3-122 Duties of foreign companies

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Any foreign life or accident insurance company doing business in the state of Colorado, if the insurance contract is made in this state, shall pay its obligations when same are due and payable through its agent in the county where the contract was made, or at the office of its ge…

Colo. Rev. Stat. § 10-3-123 Assessment accident associations

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(1) Every contract whereby a benefit is to accrue to a party named therein, upon the accidental death or physical disability from accident or sickness of a person, which benefit is in any degree conditioned upon the collection of an assessment upon persons holding similar contrac…

Colo. Rev. Stat. § 10-3-125 Redomestication of foreign insurers

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(1) Any foreign insurer which is authorized or which may be authorized to do business in this state for the purpose of writing insurance may become a domestic insurer by complying with all of the requirements of law relative to the organization and licensing of a domestic insurer…